An additional four states have introduced legislation that would create a category called “covenant marriage” that could only occur between a man and a woman.
However, those bills would create a category of legal marriage called "covenant marriage,” which can only take place between a man and a woman, and which generally require premarital counseling and greater restrictions on seeking divorce.
So are they trying to work around the Full Faith and Credit Clause that says that each state needs to honor the proceedings of other states? To say “that other state doesn’t have covenant marriage, so you can’t divorce from a covenant marriage using that other state’s proceess?”
Or are they just trying to create some sort of scheme to raise the bar for divorce for people not willing to go out-of-state to get a divorce?
The clearest outlier is Nevada (as discussed below). Physical presence in Nevada for six weeks is enough to meet the residency requirement, even if your permanent home is in another state.
Like, if you want to get a divorce in Nevada, you can go spend a month-and-a-half in Nevada and then basically disregard whatever your home state’s divorce restrictions are. That’s still a not-inconsiderable barrier, though.
I’m a little suspicious that if the idea is the former, to create a whole new form of formal relationship so that other states will not permit one to exit the relationship, that probably some other state is going to have some activists go get “covenant marriage” added in that state too…and just have really weak barriers to exit it.
So are they trying to work around the Full Faith and Credit Clause that says that each state needs to honor the proceedings of other states? To say “that other state doesn’t have covenant marriage, so you can’t divorce from a covenant marriage using that other state’s proceess?”
Or are they just trying to create some sort of scheme to raise the bar for divorce for people not willing to go out-of-state to get a divorce?
https://www.divorcenet.com/resources/basic-divorce-residency-requirements-in-your-state.html
Like, if you want to get a divorce in Nevada, you can go spend a month-and-a-half in Nevada and then basically disregard whatever your home state’s divorce restrictions are. That’s still a not-inconsiderable barrier, though.
I’m a little suspicious that if the idea is the former, to create a whole new form of formal relationship so that other states will not permit one to exit the relationship, that probably some other state is going to have some activists go get “covenant marriage” added in that state too…and just have really weak barriers to exit it.